logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 의성지원 2015.12.17 2015고정63
도로교통법위반(음주운전)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the driver of Cpoter freight vehicles.

At around 16:00 on May 5, 2015, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.074% in blood alcohol.

2. Determination:

A. The Defendant asserts that he did not drive alcohol while drinking alcohol.

B. According to the records of this case, the following facts are recognized:

(1) On May 5, 2015, around 16:00, the Defendant drinks two cans for beer at the field of packing for agriculture in front of the Gyeongbuk-gun, Gyeongbuk-gun.

② The Defendant argued with F at the above date, time, place, and driven C Poter Cargo Vehicles with the Defendant’s dry field in E.

③ The F reported immediately to the police that the Defendant is driving under influence of alcohol, but the police officer did not find the Defendant.

F At around 18:50 on the same day, the defendant's vehicle was parked in the above dry field of the defendant, and reported again to the police.

④ At around 19:00 on the same day, police officers G demanded that the Defendant, who called for a dry field and works for the field of dry drinking, stop drinking, and drinking was at the Defendant’s respiratory level.

⑤ The police officer G voluntarily accompanied the Defendant to the police box and measured the pulmonary level around 19:50 on the same day. As a result, the degree of blood alcohol level was 0.074%.

C. The Defendant alleged that he drank one disease after arriving in the dry field from an investigative agency to this court. However, it is insufficient to recognize that the Defendant did not drink in the dry field in question only with the witness G’s legal statement alone, and there is no other evidence to acknowledge this otherwise.

Thus, the following circumstances, which can be seen in the records of this case, i.e., ① driving hours and measuring hours show a difference of about 4 hours, ② the Defendant’s quantity of the immediately preceding drinking beverage is about 2 cans or 3 walks, ③ it is apparent that the Defendant had influenced the Defendant’s blood alcohol concentration in dry field. ④

arrow